Best Practices Construction Law

SEPTEMBER 29, 2020

But I have never really thought about that legal principle because, “People don’t really do that, do they?”. the Court of Appeals of Mississippi held that the PAID IN FULL principle—or what lawyers know as accord and satisfaction —barred a contractor’s claim for additional payment. In Triangle Construction Co.

Negotiation 104

Negotiation Contractors Claims Mississippi 104

Best Practices Construction Law

MARCH 20, 2020

You can download a complimentary copy here: Best Practices – COVID19 and Construction Claims , but please do me a favor and subscribe to the blog on the sidebar to the right. Just enter your email, and you will receive regular updates.

Contractors 124

Contractors Claims Legal Mobility 124

Constructonomics

OCTOBER 3, 2010

New contractors have a lot of matters to anticipate when entering the construction industry for the first time. Unfortunately, new contractors are often unfamiliar with the bonding process, which includes undergoing finance and credit checks, providing upfront collateral, and paying issuance fees. How construction bonds work.

Contractors 140

Contractors Regulation Insurance Claims 140

Contractor Bookkeeping

MAY 10, 2024

Managing a hectic schedule and complex projects can be challenging if you're a contractor. This is a mark of professionalism and can also help if you have an insurance or legal claim. You must also ensure that your paperwork, documents, and contracts are in order.

Documentation 120

Documentation Insurance Legal Claims 120

Best Practices Construction Law

NOVEMBER 18, 2019

of Maryland, the United States District Court of Maryland address whether a Miller Act claimant can give valid notice of a claim via email. The payment bond claimant was a sub-subcontractor who filed a claim because the subcontractor failed to make timely payment. The Email as Notice of Claim. Fidelity and Deposit Co.

Claims 54

Claims Contractors Maryland United States 54

Construction Dive

FEBRUARY 21, 2013

By Bruce Jervis Contractors performing work without proper state licenses are in great jeopardy. Under the statutes and/or case law in many states, unlicensed contractors cannot enforce the construction contract. To be blunt, they are not legally entitled to payment for their work, no matter how outstanding that work may have been.

Contractors 76

Contractors Bargains Subcontracting Claims 76

Federal Construction Contracting Blog

OCTOBER 28, 2024

Contractors often seek to recover attorneys fees if they successfully present and resolve a claim, either through a negotiated settlement or litigation. The project faced challenges, including delays and changes, prompting Derian to submit a Request for Equitable Adjustment (REA) claiming increased costs due to the governments actions.

Legal 52

Legal Contractors Claims Contract 52

Levelset

MARCH 31, 2022

As a contractor, you rely on the property owner to pay you for your work and materials. In turn, the owner is relying on the insurance company to pay their claim. Dig deeper: What contractors need to know about the insurance claims process. As a restoration contractor, you work for the property owner.

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Insurance Deals Contractors Claims 93

Best Practices Construction Law

NOVEMBER 25, 2019

I just blogged about asking for what you want and the importance of complying with notice provisions in pursuing a construction claim. A court in Oklahoma just reminded me that not all claims require notice. The contractor argued that the owner failed to comply with the notice provision when making its claim for liquidated damages.

Claims 71

Claims Oklahoma Contract Contractors 71

Best Practices Construction Law

MAY 26, 2015

For one government contractor, its claim was recently rejected by the Civilian Board of Contract Appeals because the Board found that the Contractor did not properly state its claim. 22, 2015), the Board dismissed the case for lack of jurisdiction because no underlying claim or contracting officer decision existed.

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Claims Contractors Contract Office 48

Best Practices Construction Law

MARCH 20, 2018

” A contractor in North Dakota wasn’t laughing when it was not allowed to pass “Go” and could not immediately collect its $200,000 for work performed. Dickinson Elks Building, LLC , the court held a contractor was not entitled to recover for labor and materials during a time period when the contractor was unlicensed.

North Dakota 75

North Dakota Contractors Lien Claims 75

Best Practices Construction Law

JANUARY 22, 2018

But I had never really thought about that legal principle because, “People don’t really do that, do they?” the Court of Appeals of Mississippi recently held that the PAID IN FULL principle—or what lawyers know as accord and satisfaction —barred a contractor’s claim for additional payment.

Claims 83

Claims Mississippi Legal Compensation 83

Best Practices Construction Law

SEPTEMBER 24, 2020

Delay claims on a construction can be confusing, especially when you think about the delay to the work being performed and the disruption to other activities. Triple B Services, LLP , decided on May 26, 2016, the Court of Appeals of Texas reviewed a contractor’s claim for damages on a road expansion project. The Contract.

Claims 118

Claims Compensation Contract Contractors 118

Best Practices Construction Law

MAY 12, 2014

I recently learned that these principles may not apply to a public owner’s claims against design professionals and contractors. For example, in Tennessee, claims regarding improvements to real property must be brought within four years of substantial completion of the project, regardless of the date of discovery.

Claims 54

Claims Connecticut Legal Construction 54

Construction Law Monitor

JANUARY 12, 2012

More and more in my everyday practice I encounter issues with contractor general liability insurance (GL). Whether I am defending a contractor or going after one, there tend to be issues with GL carriers. Here are some tips on coverage and others for contractors who have issues. This is typically where contractors get it right.

Insurance 64

Insurance Contractors Claims Legal 64

Best Practices Construction Law

MARCH 10, 2020

In the world of construction contracts, preservation of claims made in hindsight does not always get you what you want. As to the preservation of the contractor’s claim, the ASBCA held that the contractor submitted its claim for delay damages after receipt of final payment. In Appeal of Matcon Diamond, Inc.

Claims 62

Claims Compensation Overhead Defense 62

Construction Dive

APRIL 17, 2013

Few pause to consider the source of these rights or the distinctions among legal claims. Take, for instance, the distinction between negligence-based tort claims and claims under a contract. A Kentucky contractor recently learned this is more than an arcane, lawyerly distinction. The negligence claim was dismissed.

Claims 48

Claims Kentucky AIA Legal 48

Best Practices Construction Law

SEPTEMBER 25, 2020

The owner-contractor agreement contains a “no damages for delay” clause; a clause requiring that all changes be in writing before work is performed; and a clause requiring partial lien waivers and releases with each periodic payment. The mechanical subcontractor filed suit against the prime contractor for $2.7m

Compensation 97

Compensation Lien Claims North Carolina 97

Fieldwire

AUGUST 14, 2023

Construction is one of the hardest industries to manage cash flow in, with contractors often facing large up-front costs and frequent, long delays between expenses and payment. The basics of retainage Retainage, also called retention, is an amount withheld from the contractor until a later date.

Contractors 98

Contractors Cash Flow Lien Negotiation 98

Levelset

MAY 16, 2022

In Pennsylvania, contractors working on residential projects need to be aware of the Pennsylvania Home Improvement Consumer Protection Act. The Act establishes a registration program for home improvement contractors, along with required contract provisions, minimum insurance coverage, and more. Project details.

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Pennsylvania Residential Contractors Contract 98

Best Practices Construction Law

JUNE 21, 2016

Whether you are an owner, contractor, subcontractor or supplier, you will want to read the rest of this post since it illustrates precisely what all those attorneys have been telling you for years: “Please, please, please read your contract.” Like every legal question, the answer is: It depends! Tully Construction Co. ,

Claims 82

Claims Contract Legal New York 82

Pro Builder

JULY 20, 2021

The Best Way for Trade Contractors to Stay Out of the Courtroom. You can avoid legal trouble by managing client expectations with a simple yet comprehensive contract. The best way for specialty trade contractors to stay out of the courtroom is to manage their clients’ expectations. Trade Contractors. Karalynn Cromeens.

Contractors 98

Contractors Contract Legal Change Orders 98

Construction Dive

SEPTEMBER 18, 2013

Can a licensed contractor shield himself from personal liability for negligent construction by doing business as a limited liability company (LLC)? Or, does the license impose an obligation on the individual that cannot be avoided by a legal structure such as an LLC? The personal liability of the individual member was trickier.

South Carolina 58

South Carolina Contractors Liability Legal 58

Construction Marketing Ideas

MARCH 11, 2016

This blog, created by a business that provides expert legal witnesses, needs to be written at the level that you would find value if you were a serious lawyer or litigant in a significant construction dispute. I’m not a lawyer, of course, and wouldn’t think of providing specific legal advice to anyone reading this blog.

Legal 48

Legal Consulting Subcontracting Industrial 48

Best Practices Construction Law

JULY 2, 2012

joined the legal research playing field with Westlaw, LEXIS, FindLaw and all the other law-related databases. A couple of years ago I worked on a case for a road builder which had a claim against the Tennessee Department of Transportation. Is that the only legal research an inquiring mind should do? Let's to a quick test.

Legal 54

Legal Change Orders Tennessee US 54

Best Practices Construction Law

NOVEMBER 4, 2015

When dealing with construction claims—whether one for construction defects, outstanding payment, or delay damages—an initial hurdle is making sure that proper notice has been given. This decision illustrates the importance of following a process when dealing with a claim. Review the contractor’s plan of work.

Claims 48

Claims Change Orders Legal Schedule 48

Levelset

SEPTEMBER 14, 2022

“If something goes wrong, liability could hit the GC’s policy, which dilutes liability insurance limits, negatively impacts their claims history, and forces them to deal with a claim that’s not really their fault.”. Are subcontractors covered under the general contractor’s insurance? Cyber insurance.

Insurance 98

Insurance Liability Claims Injury 98

Construction Dive

DECEMBER 10, 2015

By Bruce Jervis The legal standard for a successful differing site condition claim is stated in a variety of ways. Was the contractor reasonable in interpreting those representations for purposes of bid preparation? The contractor’s assumptions proved to be incorrect.

Site 48

Site Contractors Claims Documentation 48

Green Building Law Update

JUNE 30, 2019

And there does not appear to be a valid legal theory even articulated to pierce the corporate veil and find liability in individual LLC members. The website goes on to claim, “every homeowner can have the home of their dreams without the dread of colossal energy bills.”. The case is Jeremy Simons et ux, et al v.

Maryland 120

Maryland Housing Claims Green 120

Lets Build

APRIL 21, 2022

From coordinating with clients to organizing contractors to liaising with material providers, projects can quickly spiral out of control with poor organization and planning. With construction management software, everyone in your company—and even some of your contractors—will be able to stay in touch throughout the project.

Software 148

Software Software Management Construction 148

Pro Builder

JULY 27, 2020

What Are the Legal Safeguards for Getting Back to Work? As builders and trade contractors start to get back on track following the impact of COVID-19 and its restrictions, there are legal concerns to consider. Trade Contractors. Mon, 07/27/2020 - 12:57. Mike Beirne, Senior Editor. office of Akerman. . Operations.

Legal 59

Legal OSHA Employment Liability 59

Levelset

JULY 5, 2022

There are several different types of property liens , which are legal claims against the property held by a debtor. Contractors and other businesses in the construction industry can file a mechanics lien if they aren’t paid for their work – even if they weren’t hired directly by the property owner. What is a lien?

Lien 96

Lien Bankruptcy Legal Claims 96

Levelset

APRIL 28, 2022

In recent years, inflation, supply chain issues, and labor shortages have only increased the likelihood of project delays, performance issues, and contractor default. While general contractors commonly use performance bonds to reduce the risk of default, a bond ultimately protects the property owner, not the GC.

Insurance 52

Insurance Contractors Claims ABC 52

Construction Law

NOVEMBER 4, 2024

Legal terms explained Tom Cadman of Herbert Smith Freehills LLP explains what is meant by Building Liability Orders. News Our regular news round up reports on a major review of water industry regulation; a rail group urging the use of private finance; and a call for standard form contracts to be left unamended.

Construction 40

Construction Insurance Contract Liability 40

Best Practices Construction Law

JULY 10, 2022

And that’s precisely what many lenders say on distressed projects when the owner fails to make final payment and the contractor looks to the bank for funding: “We have no money for you contractor!”. The owner and contractor entered into an AIA Contract for the construction management services. in BCD Associates.,

Contractors 62

Contractors Agreement Banking AIA 62

Building Radar

AUGUST 28, 2024

Recognizing and addressing construction defects early can save building owners, contractors, and developers from costly repairs and legal disputes. When construction defects go unaddressed, they can lead to expensive repairs, safety concerns, and even legal claims. More on this can be found here.

Legal 71

Legal Construction Foundation Risk 71

Construction Dive

NOVEMBER 27, 2013

” Zack reported that he and fellow speaker Stephen Pitaniello, a managing director with Navigant Consulting’s Global Construction Practice, have seen situations “where owners find a clause or they hear about a clause used by an owner in another state or something [and say], ‘Man, this is really great!

Claims 48

Claims Legal Contract Consulting 48